Ordered that the order is affirmed, with costs.
On June 24, 1998, the decedent, Ralph Hilliard, was driving with his wife, the plaintiff, on Central Park Avenue in the Town of Greenburgh, when a decayed tree located on Town property fell on their car. The tree was located in an undeveloped parkland area (sometimes referred to as a passive use park) that abutted the road. The plaintiff commenced this action against the Town to recover damages for personal injuries...
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